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(영문) 서울서부지방법원 2013.06.28 2012고단2638
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 12, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act at the Seoul Western District Court for six months, and on June 1, 201, the Defendant was released on February 29, 2012 from Seoul Southern District Court for parole on the parole of the said Seoul Southern District Court for a violation of the Military Service Act, and the execution of the sentence was terminated on April 21, 2012.

The Defendant, a public duty personnel working in Eunpyeong-gu Seoul Metropolitan Government Office C, was absent from office without justifiable grounds for a total of eight days from June 18, 2012 to June 22, 2012, and from June 25, 2012 to June 27, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A report on fact-finding of each retirement from service, a report on such retirement from service, a daily service situation register, and a list of service records in supplemental service;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., investigation reports (Attachment of written judgments related to suspects), investigation reports (reports on confirmation of the expiration of the term of punishment), and statutes;

1. Article 89-2 and 1 of the Military Service Act concerning criminal facts;

1. Although the Defendant had criminal records subject to punishment twice in violation of the Military Service Act among repeated offenders, the period of service remains about three months, and the Defendant is able to faithfully complete the remaining service after the completion of the term of punishment, and the Defendant’s age, character and conduct, and environment are determined as ordered in light of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, and environment.

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